Merkley Calls on Smith to Explain His Position on Mukasey and Waterboarding

Smith’s 100% record voting for Bush cabinet appointees ‘troubling to Oregonians’

PORTLAND—Oregon House Speaker Jeff Merkley, Democratic candidate for the U.S. Senate, called on Gordon Smith today to explain his position on the use of waterboarding as an interrogation technique, and whether he will vote for Michael Mukasey to be America’s next Attorney General.  So far Smith has remained silent on both questions, but he has never voted against a Bush cabinet appointee.

“This is a test of Gordon Smith’s will,” Merkley said.  “Either he stands with the Bush administration and for torture, or he stands with Oregonians and all Americans against the legacy of the last seven years.  He needs to let Oregonians know if he will continue to rubber stamp Bush’s cabinet appointments, or if he will finally stand up to the President and help move America forward.”

In his disturbing confirmation hearing, Mukasey said he didn’t know if waterboarding should be considered torture, or whether U.S. law specifically prohibited using it as an interrogation technique.  He also gave broad latitude to President Bush to determine whether Acts of Congress should be enforced as law.  Mukasey said the President should be able to determine “whether what goes outside the statute nonetheless lies within the authority of the president to defend the country."

“A vote for Mukasey is a vote to continue torture as a policy of this country, and it is a vote to give the President sole authority to determine what is legal and what is illegal,” Merkley said.  “Gordon Smith should think very carefully about which side of the Constitution he wants to be on.”

Waterboarding, a simulated drowning technique that has been recognized as torture internationally for more than a century, was explicitly outlawed for use by the U.S. military in the Detainee Treatment Act of 2005.  While Mukasey’s most recent statement to the on the issue calls waterboarding “repugnant” and “over the line,” he again fell short of calling it illegal and assuring Senators that he would not approve its use as an interrogation technique.

“It is unconscionable that Judge Mukasey would even have to think about whether waterboarding and other torture techniques should be used by the United States,” Merkley said.  “Oregonians hoped that the departure of Alberto Gonzales would put the question of torture finally to rest.”

Jim Rassmann, a former Army Green Beret and co-chair of Veterans for Merkley expressed his outrage at Mukasey’s equivocation.  “Any Senator who votes for this nomination should be drummed out of office,” he said.  “The U.S. should be an example in the world.  But this administration, backed by supporters like Gordon Smith, has damaged our reputation around the world almost beyond repair. Confirmation of Mr. Mukasey would be a continuing disaster.”

Merkley said Smith must make clear to Oregonians where he stands.

“After our experience with Gonzales, another Smith-approved Attorney General, we need one who takes a clear stand against torture and the President’s abuse of power,” Merkley said.  “Right now, Smith’s silence is deafening.”